Noninfringement contentions ordered prior to date set in scheduling order
B. Braun Melsungen AG, et al. v. Terumo Medical Corporation, et al., C.A. No. 09-347-JJF-LPS, November 18, 2009.
Stark, M.J. Plaintiff’s request for non-infringement contentions in advance of the deadline in scheduling order is granted. Plaintiff’s request for supplementation of Defendant’s interrogatory responses is denied. Defendant’s request for supplementation of infringement contentions is denied. Its request for discovery relating to conception and reduction to practice is denied.
Plaintiff’s requested relief is granted in part and defendant is directed to answer non-infringement contentions by a date certain notwithstanding a later date in the scheduling order. The scheduling order does not override the 30-day rule for responding to interrogatories. The remaining relief requested by plaintiff is denied for failure to identify the interrogatories challenged. Defendant’s request that plaintiff be directed to supplement its infringement contentions is denied since plaintiff has already done so on two occasions. Defendant’s additional request for discovery related to conception and reduction to practice is denied as premature.
